The case of the day is Zaft v. Golan (N.D. Fla. 2013). It’s an older case that just came across my screen and is worth a mention. Gidon Zaft, an American, and Yair Golan, an Israeli, were parties to a partnership agreement under which Zaft owned 70% of Royal Moroccan Inc., a Floridan corporation, and Golan owned 30%. The agreement had Florida choice of law and choice of forum agreements, and it provided:
All notices required or permitted under the terms of this Agreement shall be in writing and shall be
deemed to have been properly given and served when sent by overnight, Registered and/or Certified Mail, postage prepaid, returned receipt requested, properly addressed.
Zaft sued Golan on several business tort claims. According to the return of service, a process server personally served the documents on Golan in Israel, at the address specified for notices in the agreement. The court entered Golan’s default when Golan didn’t answer. Golan sought relief from the default on the grounds that he had not been properly served with process.
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